Pitchai R v. The Special Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN R.Pitchai ...

Petitioner Vs 1 The Special Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 14.

2 The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam, Trichy.

3 The Sub Registrar, Sub Registrar Office, Srirangam.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to impugned refusal check slip issued by the 3rd respondent in her proceedings in Refusal No.RFL/Srirangam/36/2025, dated 15.03.2025,

as well as the Refusal order in Na.Ka.No.29/2025-36, dated 15.03.2025, and quash the same as illegal and consequently direct the 3rd Respondent to register the Sale deeds or settlement deeds or any other documents when presented for registration by the petitioner with respect to the subject property in Old T.S.No.10 and new T.S.No.10/1A1 measuring to an extent of 1945 sq.ft. in T.Nos.1045 and 1046 situated at Nelson Road, Panjakarai Road, Srirangam Municipal Old Ward No.2 and New Ward No.B, Block No.1, Vellithirumutham Village, Srirangam Taluk, Tiruchirapalli District, without insisting on No Objection Certificate from 1st and 2nd respondents. For Petitioner :

Mr.K.Mahendran For Respondent 1 : Mr.K.S.Selvaganesan, Addl. Govt. Pleader.

For Respondent 2 : Mr.M.Saravanan For Respondent 3 : Mr.P.T.Thiraviyam, Govt. Advocate.

ORDER

Heard Mr.K.Mahendran for petitioner; Mr.K.S.Selvaganesan, for first respondent; Mr.M.Saravanan for second respondent; and Mr.P.T.Thiraviyam for third respondent.

2. The issue involved in this Writ Petition is covered by a decision of this Court in S.Sujatha v. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, and Others, W.P.(MD) No.1456 of 2025, dated 30.01.2025.

3. Despite the vehement objections and the counter that have been presented by Mr.Saravanan, as the temple does not have any right over T.D.Nos.1045 and 1046, but has right over T.D.No.1027, I am not inclined to consider the same.

4. Writ Petition is, therefore, allowed. The impugned refusal check slip issued by the 3rd respondent in her proceedings in Refusal No.RFL/Srirangam/36/2025, dated 15.03.2025, as well as the Refusal order in Na.Ka.No.29/2025-36, dated 15.03.2025, are quashed. There shall be a direction to the 3rd Respondent to register the sale deeds or settlement deeds or any other documents when presented for registration by the petitioner with respect to the subject property in Old T.S.No.10 and new T.S.No.10/1A1 measuring to an extent of 1945 sq.ft. in T.Nos.1045 and 1046 situated at Nelson Road, Panjakarai Road, Srirangam Municipal Old Ward No.2 and New

Ward No.B, Block No.1, Vellithirumutham Village, Srirangam Taluk, Tiruchirapalli District, without insisting on No Objection Certificate from 1st and 2nd respondents, within a period of two weeks from the date of uploading this order. No costs.

15.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 14.

2 The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam, Trichy.

3 The Sub Registrar, Sub Registrar Office, Srirangam.

V.LAKSHMINARAYANAN, J.

dixit 15.04.2025